HomeMy WebLinkAboutR21-057 Modification to Condition of Approval No. 3 Kudel PUD DocuSign Envelope ID:3265D298-788E-49F4-BD90-BBA4AAE19799
Commissioner McQueeney moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO.2021 - 057
APPROVAL OF A MODIFICATION TO CONDITION OF APPROVAL NO.3 OF
THE RESOLUTION OF APPROVAL FOR THE KUDEL PLANNED UNIT
DEVELOPMENT
WHEREAS,on July 21, 2020,the Eagle County Board of County
Commissioners (hereinafter"the Board") approved with conditions an application
submitted by Kudel Development, LLC (the"Applicant") for a zone change and a
combined sketch and preliminary plan for planned unit development("PUD") for the
Kudel PUD; and
WHEREAS,the approval of the Kudel PUD was conditioned upon the Applicant
meeting five (5) conditions of approval, as documented in the Kudel PUD resolution of
approval (Resolution 20-082) ("Resolution of Approval"); and
WHEREAS, Condition 3 of the Resolution of Approval states the following:
An approved CDOT Special Use Permit for all improvements in the CDOT right-
of-way and all related agreements must be obtained concurrent with recording of
Final Plat for the development. All improvements associated with the Special Use
Permit must be completed prior to Temporary Certificate of Occupancy or
Certificate of Occupancy of the first building permit issued for the development.
WHEREAS, the Kudel PUD included certain sidewalk improvements to be
located within the Highway 6 Colorado Department of Transportation ("CDOT") right-
of-way. CDOT has indicated it is ready to approve a CDOT Special Use Permit for the
sidewalk improvements; however, it has not been determined whether Eagle County
("County") or the Applicant will be the permittee for the sidewalk within the CDOT
ROW; and
WHEREAS, on or about August 31, 2020, the County accepted for filing an
application (File No. PDF-9117) submitted by the Applicant for approval of a Final Plat
for the Kudel PUD. The Board approved the Final Plat with conditions on May 18, 2021.
Condition 3 of the Final Plat approval states the following:
Prior to recordation of the final plat, Condition 3 of the PUD Preliminary Plan
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DocuSign Envelope ID:3265D298-788E-49F4-BD90-BBA4AAE19799
approval (Resolution 2020-082) must be amended to change the timing of the
condition from "[concurrent with] recording of Final Plat" to "Prior to issuance
of a Temporary Certificate of Occupancy for the first building permit issued for
the PUD".
WHEREAS,the Applicant has requested that the County approve a modification
to Condition 3 of the Resolution of Approval to change the timing of the condition from
"Prior to recording of the final plat" to "Prior to issuance of a Temporary Certificate of
Occupancy for the first building permit issued for the PUD"'to allow additional time for
determination of whether the County or the Applicant will be the permittee under the
CDOT Special Use Permit for the sidewalk improvements-;,
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT,Condition 3 of the Resolution of Approval is hereby amended and
replaced in its entirety with the following:
An approved CDOT Special Use Permit for all improvements in the CDOT right-
of-way and all related agreements must be obtained prior to issuance of a
Temporary Certificate of Occupancy for the first building permit issued for the
development. All improvements associated with the Special Use Permit must be
completed prior to issuance of a Temporary Certificate of Occupancy or
Certificate of Occupancy for the first building permit issued for the development.
THAT,the Board hereby finds, determines and declares that this Resolution is
necessary for the public health, safety and welfare of the residents of the County of
Eagle, State of Colorado.
MOVED,READ AND ADOPTED by the Board of County Commissioners of
the County of Eagle, State of Colorado, at its regular meeting held the 10th day of
August , 2021.
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DocuSign Envelope ID:3265D298-788E-49F4-BD90-BBA4AAE19799
COUNTY OF EAGLE, STATE OF
a,0611 co&$ COLORADO,by and Through Its
ATTEST: '< BOARD OF COUNTY COMMISSIONERS
DocuSigned by: E—DocuSigned by:
Ina Yfri co Po By: Sdarr
Regina 0 ef2F24689644°... Matt Schell 81E7B2D718E0473...
Clerk to the Board of Chair
County Commissioners
DocuSigned by:
Kathy Cha fefi °3...
Commissioner
DocuSigned by:
CA(."'"""
Jeanne McOtteeffey28F8AA47A...
Commissioner
Commissioner Chandler-Henry seconded adoption of the foregoing resolution. The roll
having been called,the vote was as follows:
Commissioner Matt Scherr Aye
Commissioner Kathy Chandler-Henry Aye
Commissioner Jeanne McQueeney Aye
This Resolution passed by 3/o vote of the Board of County Commissioners of the
County of Eagle, State of Colorado.
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